The ACMA

Regulatory guides & guidelines

The ACMA issues regulatory guides to assist industry and the community by:

  • giving practical guidance
  • describing principles underlying the ACMA’s approach to activities
  • explaining the ACMA’s interpretation of the law
  • explaining when and how the ACMA will exercise specific powers under the legislation it administers.

A regulatory guide does not constitute or replace legal advice on obligations under the relevant legislation.

Note that publications on this page are published in either pdf and Word format. To view pdfs you require Adobe Acrobat reader.

Publication

Description

Date released

Regulatory guide No. 5—Infringement notices (Word 163 kb or pdf 131 kb)

The ACMA is empowered to issue an infringement notice in certain instances under the Do Not Call Register Act 2006, Spam Act 2003, Telecommunications Act 1997, Broadcasting Services Act 1992, Telecommunications Regulations 2001 and Radiocommunications Regulations 1993. The purpose of this guide is to explain the ACMA’s approach to giving an infringement notice.

This guide does not constitute legal advice.

Sept 2011

Regulatory guide No. 4—Remedial directions (Word 155 kb or pdf 293 kb)

The ACMA is empowered to issue remedial directions under the Broadcasting Services Act 1992, Interactive Gambling Act 2001, Telecommunications Act 1997 and Telecommunications (Consumer Protection and Service Standards) Act 1999. The purpose of this guide is to explain the ACMA’s approach to giving a remedial direction under these Acts.

This guide does not constitute legal advice.

Aug 2011

Regulatory guide No. 3—Information-sharing under Part 7A of the ACMA Act  (Word 100 kb or pdf 427 kb)

 

Part 7A of the Australian Communications and Media Authority Act 2005 (the ACMA Act) creates a class of information called authorised disclosure information (defined in section 3 of the ACMA Act) that can be shared by the ACMA. The purpose of this guide is to explain the nature of the discretion conferred on the ACMA under Part 7A of the ACMA Act to share authorised disclosure information. It also highlights the range of factors which may impact on the ACMA’s decision to share information.

This guide does not constitute legal advice.

May 2011

Updated May 2013

Regulatory guide No. 2—Purpose of an investigation under the Broadcasting Services Act (Word 132 kb or pdf 287 kb)

The Broadcasting Services Act 1992 (BSA) imposes an obligation on the ACMA to conduct investigations in certain instances as well as conferring a broad discretion to conduct ‘own motion’ investigations. The purpose of this regulatory guide is to provide guidance to those who make a complaint to the ACMA or who may be asked to assist the ACMA in, or are the subject of, an investigation. It explains the nature and purpose of investigations undertaken by the ACMA under the BSA.

This guide does not constitute legal advice.

This guide should be read in conjunction with the enforcement guidelines issued by the ACMA under section 215 of the BSA.

Mar 2011

Regulatory guide No. 1—Enforceable undertakings (Word 152 kb or pdf 124 kb)

The ACMA has discretion to accept an enforceable undertaking (EU) under the Broadcasting Services Act 1992, the Spam Act 2003, the Radiocommunications Act 1992 and the Telecommunications Act 1997, with respect to compliance with that Act, as well as the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Do Not Call Register Act 2006.

The purpose of this guide is to explain the ACMA’s approach to accepting EUs under these Acts. This guide should be read in conjunction with the

enforcement policy

issued by the ACMA under section 215 of the Broadcasting Services Act 1992.

Aug 2010

Enforceable undertakings: Guidelines for accepting enforceable undertakings—telecommunications obligations (pdf 70 kb)

On 23 September 2005, the ACMA gained the power to accept enforceable undertakings about compliance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. These guidelines provide background to the introduction and use of enforceable undertakings in telecommunications regulation.

2 Mar 2006

Reform of the broadcasting regulator’s enforcement powers  (pdf

 980 kb)

In 2004, the former Australian Broadcasting Authority (ABA) asked Professor Ian Ramsay of Melbourne University to examine the effectiveness of the ABA’s existing enforcement powers and to make proposals to enable the ABA to deal more effectively with breaches of the rules.

9 Nov 2005

 

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